Legal Question in Landlord & Tenant Law in Arizona

Regain Possession of Property
My wife and I are senior citizens that must sell our rental house in AZ. The annual lease is up 9/30/06, and we planned to terminate our relationship with our Mgmt Co. and our tenant at that time. We informed our Mgmt Co. by email 8/1/06, and our tenant by phone 8/3/06 - not a written notice. We had our realtor visit the house on 8/17/06 to estimate what had to be done to prepare for the sale, and ask the tenant if he wanted to buy the house. As of 9/23/06 the tenant has not found a new home, and says he will not be out 9/30/06. Arizona Landlord and Tenant Act - 33-341 ''Termination of tenancies'' A. states ''A tenancy from year to year terminates at the end of each year unless written permission is given to remain for a longer period'' and D. states ''When a tenancy is for a certain period under verbal or written agreement, and the time expires, the tenant shall surrender possession. Notice to quit or demand of possession is not then necessary''. My questions are: Do I have a right to possession of the property on 10/1/06? and What should I do if the tenant wont leave?

Asked on 9/24/06, 3:12 am

Robert F. Cohen Law Office of Robert F. Cohen

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Re: Regain Possession of Property

You should definitely post this for an AZ attorney. Good luck to you!

Answered on 9/24/06, 4:20 am

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